I am being forced to buy a used car !

[minus-millions]

On Sunday my bf bought a car online by instant bank transfer .

 

On Tuesday my bf called and emailed to cancel the sale .

 

The garage "KARHOUSE" absolutely refused to cancel the sale point blank .

 

C.A.B say the contract was made from my home and therefore we have a right to cancel .

 

A lawyer said distance seller laws apply hence a 7 day cooling off period gives me the right to cancel .

 

I have followed instructions given by both C.A.B and lawyer , putting the cancellation in writing demanding a full refund and stating my rights as a consumer . The letter will not arrive until tomorrow but i understand this is the first step towards a small claims court .

 

At 5pm today i recieved an email from KARHOUSE stating the vehicle will be delivered Friday and if nobody is around to accept it the keys will be posted through my letter box and it will be filmed for evidence .

 

As far as i can tell having researched online i cannot stop them entering my garden or posting the keys in any legal way . I feel it is VERY likely any attempt at delivery will result in violence and i sincerely hope somebody on here can tell me how do i prevent this ?

[sequenci]

Hello there.

 

The distance-selling regulations will apply. Your cancellation request MUST be served via recorded delivery so that you have proof. You can also e-mail them.

 

Make it absolutely clear that if they do not adhere to your statutory right you will sue them. Also do consider reporting them to Trading Standards.

[minus-millions]

Lawter said recorded delivery is a bad idea because they will guess what it is and can refuse to accept it . Next day delivery on the other hand looks no different from normal mail and is tracked and must be signed for . Thanks for suggesting Trading Standards though .

 

It has just occured to me that as a refund most definately is my statutory right then if delivery takes place , days after cancellation , and the keys are posted , i could suggest to a court that the car might be considered a gift . Wishful thinking i know but wouldn't it be lovely to see these rogue traders actually punished for what they do .

[Conniff]

Distance sell regs do apply and they have 30 days to refund you. If they deliver the car, it will be up to them to come and collect it and at no charge to you as they have not terms and conditions that say you have to pay for return.

 

If they leave it there, you have cancelled the contract legally and still must be refunded within 30 days even if the car is outside your house.

 

After the 30 days, you can ask the courts to order a refund and that will also give them a ccj, not that it matters, they aren't a registered business.

 

Not being registered could make it awkward as they could come and get the car and keep your money as well. Even if a court orders the return, they can just ignore it, so this needs thinking about carefully.

Edited November 8, 2012 by Conniff

[minus-millions]

If they are not a registered business then i would guess they will have a lot of explaining to do once official bodies get involved as well as the tax man etc . They host thier own website and also advertise on ebay and have links with several major players such as Exchange and Mart . A big business to fold over 3 grand !

[Conniff]

That is a generic car sales website, there are dozens exactly the same.

[sailor sam]

I assume the OP hasn't signed anything including the V5 (Registration doc) so would not become the RK of the vehicle. Make sure that you close and lock the gates to your driveway (if you have them) or block off your driveway somehow which would force them to leave the car on the road. They then will remain responsible for it as far as the RTA is concerned. Do not answer the door when they arrive. If they drop the keys through your letter box, send them back by registered post.

 

Outside of that, follow Conniff's advice but please keep us updated.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[minus-millions]

Karhouse approx 100 cars for sale on thier website and as far as i can tell using Google Earth satellite view these cars are all in stored together at the address given , Bellingdon Road,Chesham,Buckinghamshire,HP5 2NN .

 

We have now been told by a lawyer , C.A.B and Trading Standards that the disance seller rules apply and we have every right to a full refund regardless of the reason for cancellation (which in truth is simply because we found exactly the same vehicle for sale a the following day for exactly the same price in mint condition with half the milage) .

 

My fella says i should email the garage and tell them that as they now have written confirmation of cancellation and the car is still in there possession , any attempt to deliver the car will result in it being accepted as an unsolicited gift and we will proceed to court for a full refund regardless .

 

Does that sound wise ?

[minus-millions]

Sailor Sam there has been no exchange of documents , just emails back and forth which clearly show our reluctance and indecision with regards to buying the car . In fact the very last email before sale was from me to garage saying , and i quote "phone him now before he changes his mind"

[sequenci]

Absolutely do that. You might want to include this link. I know I would!

 

http://www.oft.gov.uk/business-advice/treating-customers-fairly/dshome/;jsessionid=1F14694D1C97EF8AD52B78A679E5FE1E

[minus-millions]

Great link sequenci Thanks i will send it however my main concern is the delivery . This seems to be a grey area of the law to which nobody can offer a ready answer .

[sailor sam]

Great link sequenci Thanks i will send it however my main concern is the delivery . This seems to be a grey area of the law to which nobody can offer a ready answer .

 

I thought my suggestion in my previous post would cover it. Just make sure that they cannot leave the car on your property and preferably on the road. You cannot be legally responsible for it unless you have signed the V5. I think going down the 'accepting it as a gift' route would be a tad complicated to be honest. I would of thought the easiest option is to not have anything to do with the car at all.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Conniff]

I can't see any grey area. Was there terms and condition on the site when you bought? There aren't any on the site for viewing.

It's not a public car sales property as it is 'Viewing by appointment only'.

 

Someone with this amount of expensive prestige cars would have a similar sales area in which to display them.

This will be a part of a chain that shares cars, they are shown on multiple sites and when a customer enquires about one, that car is taken to an agreed place

so you can inspect it.

[minus-millions]

Thanks sam but i have researched trasspassing laws etc and there seems no way i can stop them posting the keys . I am trying to prevent delivery and further complication . The car is at present in the owners possesion as is the written cancellation of the sale . If the garage chooses to deliver hoping to force a sale despite being told i will accept the car as a gift (through email copies of which will make up the majority of evidence) . I think it is possible i may actually empower the court to declare the car a gift .

 

I dont want the car , even for free , i have nowhere to put it (thankfully i do not have a driveway) . I am simply trying to multiply the risks the garage is taking in the hope i will recieve a refund without months of inconvienience to both the garage and myself .

[sailor sam]

Well I think if you accept the car as a 'gift' (rightly or wrongly), the seller will not leave it at that and he still has your money. But if you send the keys back and leave the car in the road where he may leave it, it will remain his problem, not yours as far as the keeper goes and make it less complicated for you to pursue a refund. I think accepting possession of it will merely complicate matters legally which means the refund process taking longer.

 

But hey, that is just my opinion.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[Kiki1]

I wouldn't accept it as a gift. If it was left outside my house and they posted the keys through the door, I would put the tax disc out of sight, leaving some upstanding citizen in the neighbourhood to notify the DVLA......

[Nagasis]

I would block my drive forcing them to leave it on the road. Then I would contact police and report it as uninsured.

Maybe the 150 pound release fee and daily storage fees will teach this company to abide by consumer regulations.

[sailor sam]

I wouldn't accept it as a gift. If it was left outside my house and they posted the keys through the door, I would put the tax disc out of sight, leaving some upstanding citizen in the neighbourhood to notify the DVLA......

 

I disagree, I would not touch the car at all.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

I would block my drive forcing them to leave it on the road. Then I would contact police and report it as uninsured.

Maybe the 150 pound release fee and daily storage fees will teach this company to abide by consumer regulations.

 

That may not work either, the car may not be registered to the seller.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[stu007]

Hi

 

As stated use the DSR against them.

 

DO NOT accept the vehicle and politely ask them to leave your property as followed DSR and cancelled the order within the set DSR Time Limit.

 

Now if they leave the vehicle on your property I would inform them that until the vehicle that was cancelled under DSR is removed at there cost you will be charging them a storage fee of £XX.XX per day.

 

(If the vehicle dumped by them on the road and it blocks your access to the property. - Please Please Do Not if they do put keys through door think of getting in the car and moving it as they may use that as you accepting the vehicle as you moved it if you see what I am saying. What I would do is speak to the councils parking enforcement for advice and inform them that there is an uninsured, unregistered vehicle blocking your drive access).

 

Well there is no information on Karhouse on Companies House Website at all.

 

Also on Karhouse Website there are NO Terms and Conditions

 

Also I know you checked it through google earth but its even more interesting looking at it from street view. As it is a single lane road to get to what look like a carpark at the back of houses and I dont see any signage saying Private Parking etc but Karhouse are right at the back of it in what looks like a hut.

Edited November 8, 2012 by stu007

[minus-millions]

I sent -

It has now been confirmed by a private lawyer , the citizens advice bureau and trading standards that the distance seller regulations give me a right to cancel for ANY reason within 7 days (extending until 7 days after delivery) and receive a full refund including delivery charges within 30 days .

 

It was suggested i send you this link regarding regulations -

 

http://www.oft.gov.uk/business-advic...2B78A679E5FE1E

 

 

You now have in your possession both the vehicle in question and written confirmation that the sale is cancelled . Should you choose to deliver the car regardless of this it will be accepted as a gift - (something voluntarily transferred by one person to another without compensation ) .

 

This will not in anyway affect my right as a consumer to a full refund under the Distance Trading Regulations .

 

The reply -

If you are not prepared to take delivery of the vehicle, then we will wait for you to come and collect.

 

 

The car has been reserved for you as you have paid for it. If it is not collected within 7 days we will start charging storage at £20 per day.

 

 

We stand by our decision and are not prepared to offer a refund unless offered to by a court. You are within your rights to pursue this matter in the courts. The vehicle will be kept in a locked garage until that time.

 

 

I am still prepared to purchase the car back from you - but not for the selling price.

 

 

We would need to be compensated for our expenses and inconvenience.

 

 

I leave the decision in your hands.

 

 

If you are willing to compromise please email, otherwise i will no doubt see you in court in a month or so.

[minus-millions]

I just started looking into "how to start small claims proceedings" when C.A.B called to tell me to do nothing as trading Trading Standards are now involved and it is very likely the matter will be settled very quickly in my favour .

[sequenci]

I just started looking into "how to start small claims proceedings" when C.A.B called to tell me to do nothing as trading Trading Standards are now involved and it is very likely the matter will be settled very quickly in my favour .

 

Keep us posted

[Conniff]

There is no problem at the moment. You bought a car and then cancelled it under DSR but the seller says he will deliver it anyway and not refund you.

 

The car hasn't been delivered and they have 30 days in which to refund, so until the car is delivered, no one has done anything wrong.

 

There isn't any action TS can take at present either. Because he said that doesn't mean he will do it anyway.

[crem]

There isn't any action TS can take at present either. Because he said that doesn't mean he will do it anyway.

 

Possibly not, but should they choose to have a "quiet word" with the seller at this point, it may help expediate the refund